Law: Criminal Procedure Code (V of 1898)

Section: 196 , 121-A , 123-A , 124-A

  Criminal Procedure Code (V of 1898)--- ----S. 196---Penal Code (XLV of 1860), Ss. 121-A, 123-A & 124-A---Embargo under S. 196, Cr. P C is very much applicable for trial of offences under Ss. 121-A, 123-A and 124-A, P. P. C. which fall under Chap. VI of Pakistan Penal Code. Muhammad Ishaq and others v. The State Cr. M. A. No. 459/87 and Maulana Dost Muhammad v. State 1976 P Cr. L J 184 ref. Criminal Procedure Code (Y of 1898)--- ----Ss. 561-A & 196---Penal Code (XLV of 1860). Ss. 121-A, 123-A & 124-A-- Quashing of proceedings---Police was not competent to investigate the case or put up the challan as proper procedure as provided under S. 196 Cr. P C had not been followed---Submission of challan and taking of cognizance by Court were thus ab initio void and illegal and amounted to abuse of process of Court-- Proceedings were quashed in circumstances. Ruknuddin Kasmi for Petitioners. Muhammad Siddiq Kharal, Addl A. G. for the State. Date of hearing: 19th February, 1990. JUDGMENT The present applicants have moved the present petition under section 561-A, Cr.P.C. for quashment of the proceedings pending against them under sections 121-A. 123-A and 124-A, P. P. C. before the Sessions Judge, Sukkur in Sessions Case No. 334 of 1987. Briefly the facts are that on 10-8-1986 Ghulam Shabir Shahani, the S. H. O. Police Station, Daharki had lodged the FIR as under:-- "The complaint on behalf of the State is that on 9-8-1986 a function of Shah Latif Day was organised near Leghari Petrol Pump by Abdul fatah s/o Khair Muhammad Samejo. PC 672 Karam Ali, PC 633 Ghulam Nabi were deputed to go in plain clothes, who on their return reported that the meeting started at 22-00 o'clock. About 500 persons attended. Some of them were duly armed. Bashir Ahmed Qureshi President of Jiyay Sind Students Federation Province of Sind, Abdul Wahid Mahar, Syed Ghulam Shah, Abdul Wahid Ansar spoke one after another and raised slogans against the Government of Sind that "Pakistan not wanted" "Sindhoo Desh wanted" "We will take rest after   ousting Punjabis". This meeting ended on 10-8-1986 at 00-30 o'clock. A report was given to the…